When one places his or her trust in a doctor or medical professional, there is an expectation that that professional will help alleviate their pain or affliction. When they fail to and instead worsen a condition or inflict a new injury, there are repercussions that the affected person can and should follow through on. A medical malpractice lawsuit is the seeking of compensation due to injuries caused by the negligence or malice of a doctor, nurse, or hospital professional.
It is important to understand exactly what malpractice is and how it manifests itself. Medical malpractice is when a doctor intentionally ignores or goes against the expected standard of care and an injury is caused. Note that intention is the key in this kind of lawsuit, as it is what separates malpractice from a lesser negligence case.
An example of medical malpractice would be if a doctor misdiagnoses a disorder and instead administers treatment for the wrong disease and serious harm is caused. If the doctor had been more careful and done his or her due diligence, such as misdiagnosis wouldn’t have occured. This of course must be established as the cause and not a legitimate error instead.
A similar situation might be to take shortcuts during a surgery or administer an incorrect amount of anesthesia that leads to a more serious problem. If the surgeon intentionally failed to do what needed to be done, there is certainly grounds for a malpractice case.
Another situation that may occur that can lead to a malpractice case is if a doctor intentionally does not order a certain test because he or she is afraid that the insurance company will not pay for it. In this case, the doctor is acting out of selfishness and, if the lack of test leads to a serious disease not being discovered, that would violate an expected standard of care.
In these examples and many more, a medical professional intentionally fails to perform to the best of his or her ability and a serious injury is caused. If you believe that you or someone you know is the victim of a malpractice case, the best thing you can do is consult with an attorney to help you determine the best course of action. To learn about how we at the Franco Law Firm can serve you in this role and fight to see justice served for you, please call us at (813) 872-0929.